아동ㆍ청소년의성보호에관한법률위반(강간)
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for three years.
The defendant shall be 40 hours.
1. Summary of grounds for appeal;
A. The victim of misunderstanding the fact that the defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") reversed the statement about the relationship between the defendant and the victim of misunderstanding the victim's statement that the victim was raped from the defendant, such as the victim's time facing her scams and F's scamscam
It does not appear that the victim was threatened by assault or threat between K and the victim, and the content of telephone communications between the victim and H, it can be deemed that the Defendant made an appraisal and report to the Defendant by means of resolving the fear of the victim’s sexual intercourse.
In light of these circumstances, the judgment of the court below which found the defendant guilty on the grounds of the statements of the victim with no credibility is erroneous and adversely affected by the conclusion of the judgment.
(2) The sentence imposed by the lower court on the Defendant (one year of imprisonment, 40 hours of order, and 5 years of disclosure of information) is too unreasonable.
B. Prosecutor (1) The sentence imposed by the lower court on the Defendant case is too unfortunate and unreasonable.
(2) In light of the fact that the Defendant, in the case of a request for attachment order, has never shown any imprisonment by rapeing a female her age while denying a crime, and that the Defendant is deemed to have high risk of recidivism as a result of the application of the assessment of recidivism by a sex offender against the Defendant, the risk of recidivism is recognized.
Therefore, it is unreasonable for the court below to dismiss the request for the attachment order of this case.
2. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the following circumstances are recognized.
A. The victim, from the police to the court of the court below, consistently stated that “the Defendant, F, G, and alcohol drinked, but the Defendant f and G left the army.”
The defendant was self-satisfy and was satisfy.